HomeMy WebLinkAboutPC Reso 2022-24 PA 2019-07 Mitigated Negative Declaration (ER 2019-04) (SCH No. 2021120417) TTM 37578RESOLUTION NO. 2022-24
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF LAKE
ELSINORE, CALIFORNIA, RECOMMENDING ADOPTION OF A MITIGATED
NEGATIVE DECLARATION (ER 2019-04) (SCH NO. 2021120417) FOR PLANNING
APPLICATION NO. 2019-07 (TENTATIVE TRACT MAP NO. 37578, CONDITIONAL
USE PERMIT NO. 2019-03, COMMERCIAL DESIGN REVIEW NO. 2019-05, AND
UNIFORM SIGN PROGRAM NO. 2019-01)
Whereas, Ahmad Zaki, Zairey, Inc. has filed an application with the City of Lake Elsinore
(City) requesting approval of Planning Application No. 2019-07 (Tentative Tract Map No. 37578,
a Conditional Use Permit No. 2019-03, a Commercial Design Review No. 2019-05, a Uniform
Sign Program No. 2019-01). Tentative Tract Map No. 37578 is a subdivision of the 12.60-acre
project site into seven (7) lots for a mixed-use commercial and residential development.
Conditional Use Permit No. 2019-03 and Commercial Design Review No. 2019-05 proposes to
develop the mixed-use commercial and residential development that would be constructed in
three phases. The first phase (Phase 1) would include a 10-dispenser ARCO gasoline station with
a 6,840-square foot (SF) canopy, a 4,354-SF AM/PM convenience store, an attached 1,960-SF
quick-serve restaurant (with no drive-through service), and a 4,054-SF automated self-service car
wash. A 2,000-SF office would be located on the second story above the quick-serve restaurant.
Phase 1 would also include grading of the site, installation of the majority of the utility
infrastructure, development of internal circulation driveways and parking, and construction of off-
site improvements. The second phase (Phase 2) would consist of two 2,400-SF fast food
restaurants with drive-through lanes, and a two-story mixed-use commercial/retail and multi-
family residential building. The mixed-use building would consist of six commercial/retail spaces
totaling approximately 23,000 SF on the ground floor and 14 apartments or condominium units
totaling 20,000 SF on the second floor. The third (and final) phase (Phase 3) of the project would
consist of five three-story multi-family residential buildings containing up to 60 residential units.
The multi-family residential development would include enclosed parking and a 2,800-SF
clubhouse with pool and outdoor living amenities. Uniform Sign Program No. 2019-01 proposes
to establish a uniform sign program for the project that provides standards and specifications to
ensure consistency of signage in terms of design, composition, size and placement throughout
the project. The project is located at the northwest corner of Grand Avenue and State Route
74/Ortega Highway (APNs: 381-320-023 and 381-320-020); and,
Whereas, the Project is subject to the provisions of the California Environmental Quality
Act (Public Resources Code §§ 21000, et seq.: “CEQA”) and the State Implementation
Guidelines for CEQA (14 California Code of Regulations Sections 15000, et seq.: “CEQA
Guidelines”) because the Project involves an activity which may cause either a direct physical
change in the environment, or a reasonably foreseeable indirect physical change in the
environment, and involves the issuance of a lease, permit license, certificate, or other entitlement
for use by one or more public agencies (Public Resources Code Section 21065); and,
Whereas, pursuant to CEQA Guidelines Section 15063, the City conducted an Initial
Study to determine if the Project would have a significant effect on the environment. The Initial
Study revealed that the Project would have potentially significant environmental impacts but those
potentially significant impacts could be mitigated to less than significant levels; and,
Whereas, based upon the results of the Initial Study (Environmental Review No. 2019-
04), and based upon the standards set forth in CEQA Guidelines Section 15070, it was
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determined that it was appropriate to prepare and circulate a Mitigated Negative Declaration
(MND) for the Project; and,
Whereas, pursuant to CEQA Guidelines Section 15072, on December 17, 2021, the City
duly issued a notice of intent to adopt the MND; and,
Whereas, in accordance with CEQA Guidelines Section 15073, the MND was made
available for public review and comment for a minimum of 30 days beginning on December 17,
2021, and ending on January 17, 2022; and,
Whereas, a Mitigation Monitoring and Reporting Program (MMRP) for the Project has
been prepared in accordance with Section 21081.6 of CEQA; and,
Whereas, the Planning Commission (Commission) has been delegated with the
responsibility of making recommendations to the City Council (Council) for adopting MNDs; and,
Whereas, on February 1, 2022, February 15, 2022, March 1, 2022, and June 21, 2022, at
a duly noticed Public Hearing the Commission has considered evidence presented by the
Community Development Department and other interested parties with respect to this item.
NOW, THEREFORE, THE PLANNING COMMISSION OF THE CITY OF LAKE
ELSINORE DOES HEREBY RESOLVE, DETERMINE AND ORDER AS FOLLOWS:
Section 1: The foregoing recitals are true and correct and are hereby incorporated into
these findings by this reference.
Section 2: The Commission has evaluated all comments, written and oral, received from
persons who have reviewed the MND. The Commission hereby finds and determines that all
public comments have been addressed.
Section 3: The Commission hereby finds that the MND for the Project is adequate and
has been completed in accordance with the CEQA Guidelines and the City’s procedures for
implementation of CEQA; and recommends to the Council that it make the same finding. The
Commission has reviewed and considered the information contained in the MND and finds that
the MND represents the independent judgment of the City.
Section 4: The Commission further finds and determines that none of the circumstances
listed in CEQA Guidelines Section 15073.5 requiring recirculation of the MND are present and
that it would be appropriate to recommend adoption the MND as proposed to the Council.
Section 5: The Commission hereby makes, adopts, and incorporates the following
findings regarding the lack of potential environmental impacts of the Project and the analysis and
conclusions set forth in the MND:
1. Revisions in the Project plans or proposals made by or agreed to by the applicant before a
Mitigated Negative Declaration and Initial Study was released for public review and
mitigation measures set forth in the Initial Study would avoid the effects or mitigate the
effects to a point where clearly no significant effects would occur.
Based upon the Initial Study conducted for the Project, there is substantial evidence
suggesting that all potential impacts to the environment resulting from the Project can be
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mitigated to less than significant levels. All appropriate and feasible mitigation has been
incorporated into the Project design. The Mitigation Monitoring and Reporting Plan contains
an implementation program for each mitigation measure. After implementation of the
mitigation contained in the MMRP, potential environmental impacts are effectively reduced
to less than significant levels.
2. There is no substantial evidence, in the light of the whole record before the agency including
the initial study and any comments received, that there is no substantial evidence that the
Project will have significant effect on the environment.
Pursuant to the evidence received, including comment letters, and in the light of the whole
record presented, the Project will not have a significant effect on the environment.
Section 7: Based upon the evidence presented, the above findings, and the conditions of
approval imposed upon the Project, the Commission recommends that the Council adopt MND
(ER 2019-04) and the MMRP for Planning Application No. 2019-07 (Tentative Tract Map No.
37578, a Conditional Use Permit No. 2019-03, a Commercial Design Review No. 2019-05, a
Uniform Sign Program No. 2019-01.
Section 8: This Resolution shall take effect immediately upon its adoption.
Passed and Adopted at a regular meeting of the Planning Commission of the City of Lake
Elsinore, California, on this 21st day of June, 2022.
John Gray
Chairman
Attest:
___________________________________
Damaris Abraham,
Planning Manager
STATE OF CALIFORNIA )
COUNTY OF RIVERSIDE ) ss.
CITY OF LAKE ELSINORE )
I, Damaris Abraham, Planning Manager of the City of Lake Elsinore, California, hereby certify that
Resolution No. 2022-24 was adopted by the Planning Commission of the City of Lake Elsinore,
California, at a regular meeting held June 21, 2022 and that the same was adopted by the
following vote:
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AYES: Commissioners Peters and Carroll, Vice Chair Dobler and Chairman Gray.
NOES: None
ABSENT: Commissioner Klaarenbeek
ABSTAIN: None
Damaris Abraham,
Planning Manager
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